The Icici Lombard General ... vs Shri Chandan Saha And 3 Ors
2022 Latest Caselaw 3115 Gua

                                                                       Page No.# 1/3

GAHC010002462015




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : MACApp./407/2022

            THE ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED
            HAVING ITS REGISTERED AND HEAD OFFICE AT ICICI BANK TOWERS,
            BANDRA KURLA COMPLEX, MUMBAI 400051 AND ONE OF THE REGIONAL
            OFFICE AT APPEJAY HOUE, PARK STREET, KOLKATA 700016 AND ONE OF
            THE BRNACH OFFICES AT G.S. ROAD, RUKMINIGAON, GUWAHATI-22,
            ASSAM



            VERSUS

            SHRI CHANDAN SAHA and 3 ORS
            FATHER OF LATE RAJ SAHA, R/O SANTIPARA, P.O. and P.S. DIBRUGARH,
            DIST. DIBRUGARH, ASSAM, PIN 786001

            2:PRASENJIT SAHA

             BOTHER OF LATE RAJ SAHA
             R/O SANTIPARA
             P.O. and P.S. DIBRUGARH
             DIST. DIBRUGARH
             ASSAM
             PIN 78600

Advocate for the Petitioner   : MR. K BORAH

Advocate for the Respondent : MR. A BHATTACHARYYA




             Linked Case : I.A./1/2022
                                                                                Page No.# 2/3

            THE ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED
            HAVING ITS REGISTERED AND HEAD OFFICE AT ICICI BANK TOWERS
            BANDRA KURLA COMPLEX
            MUMBAI 400051 AND ONE OF THE REGIONAL OFFICE AT APPEJAY HOUE
            PARK STREET
            KOLKATA 700016 AND ONE OF THE BRNACH OFFICES AT G.S. ROAD
            RUKMINIGAON
            GUWAHATI-22
            ASSAM


            VERSUS

            SHRI CHANDAN SAHA and 3 ORS
            FATHER OF LATE RAJ SAHA
             R/O SANTIPARA
             P.O. and P.S. DIBRUGARH
             DIST. DIBRUGARH
            ASSAM
             PIN 786001

            2:PRASENJIT SAHA

            BOTHER OF LATE RAJ SAHA
             R/O SANTIPARA
             P.O. and P.S. DIBRUGARH
             DIST. DIBRUGARH
            ASSAM
             PIN 786001
             ------------

Advocate for : MR. K BORAH Advocate for : MR. A BHATTACHARYYA appearing for SHRI CHANDAN SAHA and 3 ORS

BEFORE HON'BLE MRS. JUSTICE MALASRI NANDI

22.08.2022

Heard Mr. A.J. Saikia, learned counsel appearing for the applicant/Insurance Company as well as Mr. A. Bhattacharyya, learned counsel appearing for the claimants/respondent nos. 1 and 2.

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The applicant/petitioner has filed an application under Order 41, Rule 5 read with Section 151 CPC for stay of operation of the impugned judgment and order dated 03.07.2015 passed by the Member, Motor Accident Claims Tribunal No. 2, Kamrup, in MAC Case No. 85/2014.

Prayer of stay is allowed subject to payment of 50% of the awarded amount in favour of the claimants by executing indemnity bond of equal amount deposited as prayed for by the Insurance Company before the Registry of this Court within 6(six) weeks from today.

The claimant nos. 1 and 2 are allowed to withdraw the same.

The I.A. stands disposed of.

JUDGE

Comparing Assistant